| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Brown v. Routh |
4 La.Ann. 270, Supreme Court of Louisiana (April 01, 1849) |
1849 |
Appeal from the District Court of Tensas, Selby, J. |
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Cases |
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| Brown's Adm'rs v. Hatton |
9 Ired. 319, Supreme Court of North Carolina (June 01, 1849) |
1849 |
The Clerk of a District Court of the United States furnished certain transcripts of record to a collector of the customs, who applied for them officially, and, as he stated, by the direction of one of the auditors of the United States' Treasury. Held, that the Clerk could not hold the collector personally responsible for his fees, but must look to... |
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Cases |
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| Bryant v. Ingraham |
16 Ala. 116, Supreme Court of Alabama (January 01, 1849) |
1849 |
Error to the Circuit Court of Tallapoosa. Tried before the Hon. Geo. W. Stone. |
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Cases |
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| Bucklin v. Ford |
5 Barb. 393, Supreme Court, New York (January 01, 1849) |
1849 |
The only question raised upon the argument in this cause was in relation to the statute of limitations. It is undoubtedly a well settled proposition that no exception to the statute of limitations can be claimed, unless it is expressly mentioned in such statute. General words of a statute, it is considered, must receive a general... |
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Cases |
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| Bucklin v. Ford |
5 Barb. 393 (January 01, 1849) |
1849 |
Covenant will not lie in this state, on a contract to be performed in Pennsylvania, with a scrawl and the word seal in the locus sigilli, tho', by the law of that state, this constitutes a... |
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Trial Court Orders |
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| Burton v. Lawrence |
4 Tex. 373, Supreme Court of Texas (December 01, 1849) |
1849 |
Where the judgment recited that the defendants, by leave of the court, withdrew their pleas, and say they cannot deny the plaintiff's cause of action against them for debt and interest in plaintiff's petition claimed: Held, That it was in effect a confession of judgment for a sum certain to be ascertained simply by reference to the petition,... |
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Cases |
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| Bush v. Bradford |
15 Ala. 317, Supreme Court of Alabama (January 01, 1849) |
1849 |
Error to the Circuit Court of Benton. Before the Hon. S. C. Posey. |
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Cases |
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| Callahan v. Patterson |
4 Tex. 61, Supreme Court of Texas (January 01, 1849) |
1849 |
Where a husband and wife, in consideration of a debt due from the wife before marriage and of necessaries furnished after marriage, at the instance of the wife and without any constraint, executed a bond for title to separate property of the wife, but the wife was not privily examined, according to the statute, owing to her sickness and the absence... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Calvert v. Lowell |
10 Ark. 147, Supreme Court of Arkansas (July 01, 1849) |
1849 |
The limitation act of December 14, 1844 (Digest, chap. 99, sec. 12), was designed to be prospective in its operationit does not apply to causes of action which had accrued at its passage, but to such as accrued thereafteras held in Couch v. McKee, 6 Ark. 484. Hawkine v. Campbell, Ib 513, and other subsequent decisions of this court... |
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Cases |
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| Calvert v. Stone |
10 B.Mon. 152, Court of Appeals of Kentucky (January 11, 1849) |
1849 |
Sheriffs. Trespass. APPEAL FROM THE CALDWELL CIRCUIT. Case stated. THIS is an action of trespass, by Stone against the plaintiffs in error, for breaking and entering the dwelling house and kitchen then in Stone's peaceable possession and occupancy. The trial was had on the general issue, with leave to give in evidence all matters which could be... |
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Cases |
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| Cannady v. Roberts |
6 Ired.Eq. 422, Supreme Court of North Carolina (December 01, 1849) |
1849 |
An award for the payment of money merely can only be enforced at law-- Equity has no jurisdiction over it. The case of Miller v. Hoyle, 6 Ire. Eq. 269, cited and approved. Cause removed from the Court of Equity of Granville County, at the Spring Term 1849. James Nuttall was indebted to William Robards upon two bonds for the sum of $666 66 1-3 each,... |
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Cases |
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| Carlisle v. Hill |
16 Ala. 398, Supreme Court of Alabama (June 01, 1849) |
1849 |
Error to the Circuit Court of Dallas, Tried before the Hon. Geo. W. Stone. |
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Cases |
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| Carlisle v. Hunley |
15 Ala. 623, Supreme Court of Alabama (January 01, 1849) |
1849 |
Error to the Circuit Court of Perry. Before the Hon. John Bragg. |
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Cases |
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| Carroll v. City of St. Louis |
12 Mo. 444, Supreme Court of Missouri (March 01, 1849) |
1849 |
The appellant brought suit to the November term, 1848, of the St. Louis Circuit Court in assumpsit, to recover compensation for legal services rendered as an attorney and counselor at law for the defendant, at the request of the then mayor of the defendant. The bill of particulars was as follows: In an agreed case made between the plaintiff and... |
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Cases |
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| Carter v. Carter |
5 Tex. 93, Supreme Court of Texas (January 01, 1849) |
1849 |
We have repeatedly decided that where exceptions are filed but not subsequently noticed in the proceedings below, they will be deemed to have been waived by the party filing them. (Note 12.) Although it is usual and perhaps necessary, under the English rules of pleading, expressly to charge a fraudulent intent where the fraud is alleged to consist... |
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Cases |
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| Cartwright v. Hollis |
5 Tex. 152, Supreme Court of Texas (January 01, 1849) |
1849 |
At common law the legal existence of the wife as a distinct person is suspended or incorporated in that of her husband, under whose protection and cover she performs everything. She can make no contract binding either her person or her estate. (Note 24.) But in equity the wife's individuality is acknowledged, and her capacity to hold a separate... |
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Cases |
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| Cason v. Cabrara |
4 La.Ann. 538, Supreme Court of Louisiana (October 01, 1849) |
1849 |
Appeal from the District Court of Ouachita, Copley, J. |
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Cases |
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| Chenault v. Walker |
15 Ala. 605, Supreme Court of Alabama (January 01, 1849) |
1849 |
Error to the Circuit Court of St. Clair. Before the Hon. Thomas A. Walker. |
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Cases |
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| Cicely v. State |
1 Morr.St.Cas. 435, High Court of Errors and Appeals of Mississippi (November 01, 1849) |
1849 |
It is well settled, that it is competent for the circuit judge, in criminal prosecutions, as well as in civil cases, to modify the instructions requested on either side, so as to make them conform to his own views of the law. On the trial of a prisoner for murder, his counsel asked this instruction, viz: If the jury, after weighing the evidence,... |
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Cases |
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| Cobb v. Parham |
4 La.Ann. 148, Supreme Court of Louisiana (February 01, 1849) |
1849 |
Appeal from the District Court of Madison, Selby, J. |
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Cases |
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| Cobia v. State |
16 Ala. 781, Supreme Court of Alabama (June 01, 1849) |
1849 |
Error to the Circuit Court of Barbour. Tried before the Hon. Sam'l Chapman. |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Cockrill's Adm'r v. Hobson |
16 Ala. 391, Supreme Court of Alabama (June 01, 1849) |
1849 |
Error to the County Court of Franklin. Tried before the Hon. Richard S. Watkins, Judge. |
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Cases |
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| Cole v. Conolly |
16 Ala. 271, Supreme Court of Alabama (June 01, 1849) |
1849 |
Error to the Circuit Court of Dallas. Tried before the Hon. Nathan Cook. |
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Cases |
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| Collins v. Bilderback |
5 Harr. 133 (April 01, 1849) |
1849 |
Covenant will not lie in this state, on a contract to be performed in Pennsylvania, with a scrawl and the word seal in the locus sigilli, tho', by the law of that state, this constitutes a... |
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Trial Court Orders |
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| Collins v. Woodruff |
9 Ark. 463, Supreme Court of Arkansas (January 01, 1849) |
1849 |
Where a justice of the peace has no jurisdiction of the subject matter of a suit, the circuit court has none on appeal. It follows as a consequence of the decision in Berry v. Linton, 1 Ark. R. 252, that one suit may be brought before a justice of the peace on several notes, where neither of the notes is for a greater sum than $100, though the... |
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Cases |
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| Colvin v. Nelson |
4 La.Ann. 544, Supreme Court of Louisiana (October 01, 1849) |
1849 |
Appeal from the District Court of Ouachita, Copley, J. |
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Cases |
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| Com. v. Lafferty |
6 Gratt. 672, General Court of Virginia (December 01, 1849) |
1849 |
The Court is of opinion, that the offence charged in the indictment is fornication; and that the demurrer should be overruled, and a judgment entered for the penalty of 10 dollars, and the costs of prosecution: Unless the Court shall permit the defendant to withdraw his demurrer, and plead to the indictment. |
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Cases |
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| Commissioners of New Town Cut v. Seabrook |
34 S.C.L. 380, Court of Appeals of Law of South Carolina (January 01, 1849) |
1849 |
Commissioners of Water Passages or Cuts, are included under the general description of Commissioners of Roads; and it is a part of the official duty of the sheriff to execute the warrants of the former, as well as those of the latter. |
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Cases |
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| Conrey v. Copland |
4 La.Ann. 307, Supreme Court of Louisiana (April 01, 1849) |
1849 |
Appeal from the Fifth District Court of New Orleans, Buchanan, J. This proceeding was instituted by Conrey, as the purchaser of the assetts of the Merchants' Bank. |
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Cases |
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| Cook v. Lewis |
16 Ala. 67, Supreme Court of Alabama (January 01, 1849) |
1849 |
Error to the Chancery Court of Russell. Before the Hon. Wilie W. Mason, Chancellor. |
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Cases |
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| Cooner v. May |
22 S.C.Eq. 185, Court of Appeals of Equity of South Carolina (January 01, 1849) |
1849 |
Money expended on the education of a child, whether professional or general, is no advancement. |
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Cases |
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| Costin v. Baxter |
6 Ired.Eq. 197, Supreme Court of North Carolina (August 01, 1849) |
1849 |
The plaintiff, as administrator, having reserved the right to recover any further amount, that might be due, and having refused, in that capacity, to acquiesce in the settled account, is entitled to an account of the whole estate. But the plaintiff, Costin, having, in right of his wife, made a settlemet, executed an acquittance, and received the... |
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Cases |
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| Cox v. Buck |
34 S.C.L. 367, Court of Appeals of Law of South Carolina (January 01, 1849) |
1849 |
Parties to a suit are bound by admissions against their interest, respecting the subject of the action; and such admissions may be proved by the acts and conduct of the parties, as well as by their express declarations. Admissions, prima facie, conclusive against the party who makes them, may be explained or qualified; but if evidence for this... |
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Cases |
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| Cox v. Myers |
4 La.Ann. 144, Supreme Court of Louisiana (February 01, 1849) |
1849 |
Appeal from the District Court of Madison, Selby, J. |
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Cases |
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| Cox v. Sullivan |
7 Ga. 144, Supreme Court of Georgia (July 01, 1849) |
1849 |
[1.] S, an attorney, gave a receipt for a note to collect, to C, in which the note is described, but omitting the fact that it was indorsed by one R. Held, that in an action by C against S, for damages, it was competent for C to prove by parol, the fact of the indorsement. [2.] An attorney is bound to the highest honor and integrityto the... |
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Cases |
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| Craig v. McGehee |
16 Ala. 41, Supreme Court of Alabama (January 01, 1849) |
1849 |
Error to the Orphans' Court of Dallas County. Tried before the Hon. A. J. Saffold, Judge. |
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Cases |
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| Craige v. Craige |
6 Ired.Eq. 191, Supreme Court of North Carolina (August 01, 1849) |
1849 |
It is a rule in Equity that relief, when granted, must be according to the allegations of the bill and the proofs. The latter must not only shew that the plaintiff is entitled to some relief, but that he is entitled to it, upon the grounds on which he has placed his claim. Thus when the plaintiff alleges in his bill, that a transaction between him... |
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Cases |
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| Crane v. Lewis |
4 La.Ann. 320, Supreme Court of Louisiana (April 01, 1849) |
1849 |
Appeal from the Fourth District Court of New Orleans, Strawbridge, J. |
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Cases |
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| Crump v. Redd's Adm'r |
6 Gratt. 372, Supreme Court of Appeals of Virginia (October 01, 1849) |
1849 |
The decree is affirmed. |
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Cases |
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| Crutchfield v. Wood |
16 Ala. 702, Supreme Court of Alabama (June 01, 1849) |
1849 |
Error to the Circuit Court of Benton. Tried before the Hon. J. J. Woodward. |
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Cases |
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| Daggs v. Frazer |
6 West.L.J. 555, District Court, D Iowa (January 01, 1849) |
1849 |
This was an action of trover against the defendants [Elihu Frazer and others], nineteen citizens of Salem, Henry county, in this state. The declaration contained three counts. The first count read as follows, to wit: For that whereas the said plaintiff [Ruel Daggs] heretofore, to wit: on the 1st day of May, A. D. 1848, (being at the time of... |
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Cases |
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| Dail v. Traverse |
8 Gill 41, Court of Appeals of Maryland (June 01, 1849) |
1849 |
The 10th section of the act of 1799, ch. 79, requiring sheriffs, and other officers, in cases of injunctions issued to prevent their selling personal property taken in execution, to return the same to the party from whom it was taken, does not require nor warrant such officer to return money received from the sale of such property so taken, to the... |
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Cases |
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| Danley v. Rector |
10 Ark. 211, Supreme Court of Arkansas (July 01, 1849) |
1849 |
In trover the plaintiff must prove (1) property in himself, and a right to the possession at the time of the conversion by the defendant; (2) a conversion by the defendant, and (3) the value of the property. Although the father is entitled to the services of the minor son, yet if the latter performs them under a promise from the father that he... |
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Cases |
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| D'Aquin v. Barbour |
4 La.Ann. 441, Supreme Court of Louisiana (June 01, 1849) |
1849 |
Appeal from the Second District Court of New Orleans, Canon, J. |
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Cases |
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| Darden v. Joyner |
9 Ired. 339, Supreme Court of North Carolina (June 01, 1849) |
1849 |
Where on a divorce a mensa et thoro, the wife is allowed, in part of alimony, the rent of certain lands, out of which she makes an annual saving, the husband has no right to the amount accumulated out of such saving. Appeal from the Superior Court of Law of Greene County, at the Fall Term 1848, his Honor Judge SETTLE presiding. This was an action... |
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Cases |
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| Darden v. Lines |
2 Fla. 569, Supreme Court of Florida (January 01, 1849) |
1849 |
The Supreme Court of this State has no jurisdiction in a cause in Chancery, brought up by appeal from a decree, pro forma, entered in the court below by counsel of parties. At a Circuit Court, held in and for the county of Gadsden, on the 16th day of November, 1848, the following decree was entered in this case: And now, on this sixteenth day of... |
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Cases |
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| Dardenne v. Hardwick |
9 Ark. 482, Supreme Court of Arkansas (January 01, 1849) |
1849 |
We find no error in this record relating to the instructions given by the court below, to that refused, or to that asked and omitted to be given from having been overlooked, as shown in the bill of exceptions. The instructions given were proper under the evidence: that asked and refused was properly refused. Fraud will never be presumed in a court... |
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Cases |
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| Darling v. Bryant |
17 Ala. 10, Supreme Court of Alabama (June 01, 1849) |
1849 |
Error to the County Court of Montgomery. Tried before the Hon. Adam C. Felder. THIS was an action of detinue by the defendants against the plaintiff in error to recover eighty-four pieces of marble, &c. It appears that the marble in question, weighing some thirty-five or forty tons, was freighted on the steam-boat Creole from Mobile to Montgomery,... |
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Cases |
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| Davis v. Harris |
13 Smedes & M. 9, High Court of Errors and Appeals of Mississippi (January 01, 1849) |
1849 |
By the statutes of this state, a guardian is authorized to invest the money of his ward only in a prescribed way, by the direction of the probate court; and any other investment made by him, purporting to be for his ward, will not, it seems, be legal as against the creditors of the guardian, even though acquiesced in by the ward. It was held,... |
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Cases |
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| Davis v. Stewart |
4 Tex. 223, Supreme Court of Texas (December 01, 1849) |
1849 |
The proceedings for the sale of the land commenced under the act of 1846. That act expired by operation of the act of 1848 on the 1st of August, 1848, and the proceedings had subsequent to that time were under the last-mentioned act. By the 67th section of this act it is provided that when there has been an order of sale, it shall be the duty of... |
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Cases |
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